Florida Small Claims Rule 7.210 - STAY OF JUDGMENT AND EXECUTION | Syfert Law

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Florida Small Claims Rule 7.210

RULE 7.210. STAY OF JUDGMENT AND EXECUTION

(a) Judgment or Execution or Levy Stayed. When
judgment is to be entered against a party, the judge may inquire
and permit inquiry about the earnings and financial status of the
party and has discretionary power to stay an entry of judgment or,
if entered, to stay execution or levy on such terms as are just and in
consideration of a stipulation on the part of the judgment debtor to
make such payments as will ensure a periodic reduction of the
judgment until it is satisfied.

(b) Stipulation. The judge shall note the terms of such
stipulation in the file; the stipulation may be set out in the
judgment or made a part of the judgment by reference to β€œthe
stipulation made in open court.”

(c) Execution. When judgment is entered and execution
stayed pending payments, if the judgment debtor fails to pay the
installment payments, the judgment creditor may have execution
without further notice for the unpaid amount of the judgment upon
filing an affidavit of the amount due.

(d) Oral Stipulations. Oral stipulations may be made in the
presence of the court that upon failure of the judgment debtor to
comply with any agreement, judgment may be entered or execution
issued, or both, without further notice.

Committee Notes

1988 Amendment. Adds the staying of levy as an alternative
for the court when arranging payment. Provides lien rights priority
protection for judgment creditors.
Link to Florida Bar Official Rule 7.210

Cases Citing Rule 7.210

Total Results: 8

In Re Amend. to the Florida Sm. Cl. Rules

601 So. 2d 1201, 1992 WL 163954

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1305243

Cited 4 times | Published

order of the court at any time after judgment. RULE 7.210. STAY OF JUDGMENT AND EXECUTION (a) Judgment

Category: Small Claims

In re Florida Bar Small Claims Rules

531 So. 2d 138, 13 Fla. L. Weekly 554, 1988 Fla. LEXIS 970, 1988 WL 95020

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 64636983

Published

authorizes attorney representation over the telephone. Rule 7.210(a) has been amended to allow the court to stay

Category: Small Claims

In re Florida Bar Small Claims Rules

537 So. 2d 81, 1988 Fla. LEXIS 1468, 1988 WL 143176

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 64639924

Published

authorizes attorney representation over the telephone. Rule 7.210(a) has been amended to allow the court to stay

Category: Small Claims

Florida Bar: In re Rules of Summary Procedure

461 So. 2d 1344, 9 Fla. L. Weekly 416, 1984 Fla. LEXIS 3385

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64609215

Published

Revision. Subsection (b) is altered to conform with Rule 7.210(c), which provides for an affidavit but no notice

Category: Small Claims

Florida Bar

366 So. 2d 398, 1978 Fla. LEXIS 4998

Supreme Court of Florida | Filed: Dec 14, 1978 | Docket: 64568018

Published

proper, pursuant to Chapter 47, Florida Statutes. Rule 7.210(c). Execution. When judgment is entered and execution

Category: Small Claims

In re Rules of Summary Procedure

270 So. 2d 729, 1972 Fla. LEXIS 3180

Supreme Court of Florida | Filed: Dec 13, 1972 | Docket: 64529410

Published

order of the court at any time after judgment. RULE 7.210. STAY OF JUDGMENT AND EXECUTION (a)Judgment or

Category: Small Claims

In re Summary Claims Procedure Rules

205 So. 2d 297, 1967 Fla. LEXIS 3380

Supreme Court of Florida | Filed: Dec 20, 1967 | Docket: 64503461

Published

rule apply to the dismissal of any counterclaim. Rule 7.210(b) Stipulation. The judge shall note the terms

Category: Small Claims

In re proposed Summary Claims Procedure Rules

203 So. 2d 616

Supreme Court of Florida | Filed: Oct 4, 1967 | Docket: 64502815

Published

at any time upon special order of the court. RULE 7.210. STAY OF JUDGMENT AND EXECUTION. (a) Judgment

Category: Small Claims